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2026 Supreme(Online)(Ker) 1955

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
NISHA P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: M.V.AMARESAN, S.S.ARAVIND
For the Respondents: ABDUL RAOOF PALLIPATH, SUDHEER.G

O R D E R

Aggrieved by the order of Sessions Court, Kasaragod dismissing a petition filed by the Public Prosecutor under Section 311 Cr.P.C in S.C.No.346/2016 to summon an additional witness in order to bring on record electronic evidence of a device and chip containing the videograph of the alleged incident, the de facto complainant has filed this petition under Section 482 Cr.P.C.

2. The second respondent/accused faces criminal prosecution in S.C No.346/2016 for the commission of offences punishable under Section 341, 323 and 354 of I.P.C and Section 3(i)(xi) of SC/ST (POA) Act. During the course of evidence in the said case, the learned counsel for the second respondent/accused put a suggestive question to the victim/petitioner as to whether the videograph of the event recorded by her sister’s daughter has been suppressed fearing that it would disclose the actual incident. It is for the above reason that the learned Public Prosecutor filed Crl.M.P No.521/2020 before the Sessions Court under Section 311 Cr.P.C to summon the victim’s sister’s daughter and to produce the device and chip containing the videograph of the incident, in order to bring the aforesaid evidence on record

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